What certificates upon dismissal should employers issue an employee? This question worries many, therefore, it is necessary to understand in advance which certificates are mandatory and which should be issued directly at the request of the employee.
Salary certificate - the first and most important thing
Firstly, immediately after dismissal, a former employee has every right to receive a salary certificate. It should contain information on the amount of wages for several years, namely 2 calendar years before submitting an application for termination of activity. The form of this certificate was approved by the Ministry of Labor of Russia on April 30, 2013. The employer is obliged to hand such paper to the worker without reminders, that is, without fail.
List of other required documents
Now let’s talk about what certificates for dismissal should be issued to employees on the day of termination of the employment contract on the application containing the employee’s request. It must be issued in the form of a letter. Such documents include officially certified certificates that are related to the activities of a former employee of the organization - the one who quits. In accordance with article 62 of the Labor Code of the Russian Federation, such documents include a certificate of all insurance deductions or contributions to the Russian Pension Fund. They can be both accrued and already paid at the time of dismissal of the employee. In addition, the employee has every reason to demand a certificate on the period (time) for the implementation of work activities from a particular employer.
In addition to a certificate of salary, he can also receive a certificate of income / earnings of physical. a person who has the 2-NDFL form approved by the order of the Federal Tax Service of Russia of November 17, 2010. By the way, a 2-personal income tax certificate is also not considered mandatory. Thus, if the employee has not received this document, then only he will be to blame, because to provide this paper you must write the corresponding request. What is the meaning of this certificate? The answer is simple: it provides and guarantees the employee’s right to receive stable standard tax deductions throughout the calendar year.
Consequently, if an employee needs these documents, he must make a written statement to his employer. If the employer refuses to issue any certificate of resignation, this should be regarded as a violation of the law. That is why the director is obliged to issue these documents implicitly, free of charge and on time, which is 3 working days.
Who is preparing these certificates?
All of the above documents, namely : a certificate of personal income, a certificate in the form of 2-NDFL and mandatory contributions to the pension fund of the Russian Federation, is provided to the employee by the accounting department of the organization. As for the certificate of the duration of the labor activity of the employer, it must be issued to the employee by the personnel department. If the organization does not have such a service, then such a paper will have to draw up bookkeeping. The document on incomes physical. persons at the enterprise should be drawn up in free form, since other unified forms of such a document have not yet received approval. What important information should the certificate from the employer about insurance contributions to the PF contain? The most important thing that should be present in this certificate is information about the personal records of this employee.
What other responsibilities does the company have on the day the employee is fired
The main obligation of employers is clearly stated in the 3rd paragraph of paragraph 4 of Article 11 of the Federal Law of April 1, 1996 . This law on individual registration in the mandatory pension insurance system establishes the following rules. The company must transmit information about personified accounting to the former employee and accept confirmation from the employee that he received them. This confirmation must be in writing. Many will now probably wonder: what is included in the information about personalized accounting? So, this document contains information about the insurance premiums of the company (both accrued and paid) for mandatory pension insurance and seniority. In addition, the certificate must contain information on optional, that is, additional insurance contributions of the employer for the funded part of the pension.
Document for an employment center
If, after the termination of work at a certain place, an employee does not immediately start a new job, but decides to temporarily register with the employment authorities, in this case he needs to request a document for this body at the enterprise. Such a certificate of a new sample should contain information on the average earnings of an employee over the past three months. By the way, this document does not have a form approved by law, therefore the main thing that an employer must observe when issuing this certificate is the calculation rules established by the Ministry of Labor and Social Development of the Russian Federation of August 12 , 2003 .
How information is provided
It is worth noting that the organization that provides jobs must necessarily provide all employees with copies of individual information sent by the enterprise to the Pension Fund. Copies are handed over to employees within the deadlines set for reporting to the Pension Fund, that is, for reporting periods. On the day of termination of the employment contract between the employer and the employee, the first is obliged to prepare and submit the document for the reporting period before the day of dismissal. A written confirmation from the employee that he received personal information and all necessary certificates upon dismissal should be transferred to the employer.
Signature as evidence
After receiving confirmation, the organization is obliged to consolidate information that all important information has reached the employee. This can be done through several of the following methods:
1. For example, an employee can sign on receipt of documents on a copy (copy) of a document, which will subsequently remain in the organization after the dismissal of the employee;
2. The second method is for the employee to put a personal signature in a special book. Most often, it is called the journal of records issued to the hands of documents or certificates.
Employment history
Although it does not apply to certificates, but after the dismissal of the employee is also a binding document that must be returned to him. At the time of delivery of the work book to the employee’s hands , he should sign the receipt of it in the book of registration of labor books and make sure that the organization entered a note on this date about the dates of the employee's commencement and termination of work. At the same time, if the employee has his own personal card, relevant records certified by his personal signature must also be entered in it. If on the day of dismissal the employee does not appear in the organization, and the personal book cannot be handed directly to him, then the organization should take the following measures. A written document with a notification is sent to the former employee, which should contain a request that he appear at the enterprise to receive a work book .
There are times when employees cannot arrive at the organization to receive a document. Then the employer can offer the employee, with his consent, to send the book by mail. It is also worth noting that the company bears responsibility only if, on its own initiative, does not issue a work book to its owner. If the employee himself in writing refuses to receive the document, or due to circumstances or other material reasons cannot pick it up, and the organization has already sent a letter to the former employee with a request, the employer in no way violates the law established by the Ministry of Labor of Russia.
By the way, there are situations when, at the trial, employees claimed that they received a letter from the employer, but there was no request for arrival at the enterprise to return the work book. In order to defend its rights in court, the organization may provide as evidence an inventory of the attachment of the sent letter, which is compiled and certified by the postal service. Only then can the enterprise that provided the workplace be able to prove its case and avoid punishment.
Responsibility for illiterate employers
Now let’s talk about the punishment that employers who refuse to fulfill their direct duties who do not issue certificates of dismissal may be punished. What certificates should be issued - we’ve already figured out this, but what can threaten dishonest bosses is discussed in detail in this section. In accordance with the legislation, such cases are regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which contains the following rules.
Firstly, such illiterate or intentionally not observing the norms of the Labor Code of the Russian Federation, employers may face an administrative fine. Its size ranges from one thousand to 5000 rubles. If an entrepreneur carries out its activities without forming a legal entity and registering in the state register, then in addition to receiving a fine, the organization may be deprived of the right to operate for a period of one to 3 calendar months. Legal entities that violate the laws of the Russian Federation may receive a fine ranging from 30,000 to 50,000 rubles. or also be temporarily incapacitated for 90 days.
The order of the Ministry of Labor of the Russian Federation also clarifies the punishment for organizations that have already been held administratively liable for any violation. For such enterprises disqualification is possible for a period from one calendar year to 3 years.